Saint Vincent Constitution Order 1969
| Jurisdiction | UK Non-devolved |
| Citation | SI 1969/1500 |
| Year | 1969 |
1969 No. 1500
ASSOCIATED STATES
The Saint Vincent Constitution Order 196922ndOctober 1969
27thOctober 1969
At the Court at Buckingham Palace, the 22nd day of October 1969
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of Her powers under section 5 of the West Indies Act 1967(a), is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation and commencement.
1.—(1) This Order may be cited as the Saint Vincent Constitution Order 1969.
(2) This Order shall come into operation on 27th October 1969.
Revocations.
2. The Orders mentioned in Schedule 1 to this Order are revoked.
Establishment of Constitution.
3. The Constitution of Saint Vincent set out in Schedule 2 to this Order shall come into effect in Saint Vincent at the commencement of this Order:
Provided that Chapter VII of the Constitution shall come into effect on the date appointed in accordance with section 91 of the Constitution.
W. G. Agnew.
SCHEDULE 1 TO THE ORDER
ORDERS REVOKED BY THIS ORDER
Order Reference
The Saint Vincent (Constitution) S.I. 1959/2201 (1959 I, p. 479)
Order in Council 1959
The Saint Vincent Constitution S.I. 1967/232 (1967 I, p. 749)
(Amendment) Order 1967
The Saint Vincent Constitution S.I. 1967/547 (1967 I, p. 1764)
(Amendment No. 2) Order 1967
The Saint Vincent Constitution S.I. 1967/587 (1967 I, p. 1792)
(Amendment No. 3) Order 1967
The Saint Vincent Constitution S.I. 1968/1093 (1968 II, p. 2988)
(Amendment) Order 1968
(a) 1967 c. 4.
SCHEDULE 2 TO THE ORDER
THE CONSTITUTION OF SAINT VINCENT
ARRANGEMENT OF SECTIONS
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Section
1. Fundamental rights and freedoms.
2. Protection of right to life.
3. Protection of right to personal liberty.
4. Protection from slavery and forced labour.
5. Protection from inhuman treatment.
6. Protection from deprivation of property.
7. Protection from arbitrary search or entry.
8. Provisions to secure protection of law.
9. Protection of freedom of conscience.
10. Protection of freedom of expression.
11. Protection of freedom of assembly and association.
12. Protection of freedom of movement.
13. Protection from discrimination on the grounds of race, etc.
14. Derogations from fundamental rights and freedoms under emergency powers.
15. Protection of persons detained under emergency laws.
16. Enforcement of protective provisions.
17. Declaration of emergency.
18. Interpretation and savings.
CHAPTER II
THE GOVERNOR
19. Establishment of office of Governor.
20. Oaths to be taken by Governor.
21. Acting Governor.
22. Deputy to Governor.
CHAPTER III
PARLIAMENT
PART 1
Composition of Parliament
23. Establishment of Parliament.
24. House of Assembly.
25. Qualifications for membership of House of Assembly.
26. Disqualifications for membership of House of Assembly.
27. Election of elected members.
28. Appointment of nominated members.
29. Tenure of office of members of House of Assembly.
30. Speaker and Deputy Speaker.
31. Constituency Boundaries Commission.
32. Constituencies.
33. Supervisor of Elections.
Section
34. Clerk to the House of Assembly and his staff.
35. Determination of questions as to membership of House of Assembly
PART 2
Legislation and Procedure of Parliament
36. Power to make laws.
37. Alteration of this Constitution and certain other laws.
38. Oath by members of House of Assembly.
39. Presiding in House of Assembly.
40. Quorum in House of Assembly.
41. Voting in House of Assembly.
42. Unqualified persons sitting or voting.
43. Mode of exercise of legislative power.
44. Restrictions with regard to certain financial measures.
45. Regulation of procedure in House of Assembly.
46. Freedom of speech in proceedings in Parliament.
PART 3
Summoning, prorogation and dissolution
47. Sessions and sittings of Parliament.
48. Prorogation and dissolution of Parliament.
49. Elections to House of Assembly.
CHAPTER IV
THE EXECUTIVE
50. Exercise of executive authority of Saint Vincent.
51. Ministers of the Government of Saint Vincent.
52. Cabinet of Ministers.
53. Allocation of portfolios to Ministers.
54. Performance of functions of Premier during absence or illness.
55. Exercise of Governor's functions.
56. Governor to be informed concerning matters of government.
57. Parliamentary Secretaries.
58. Oaths to be taken by Ministers, etc.
59. Leader of the Opposition.
60. Control and supervision of departments.
61. Secretary to the Cabinet.
62. Constitution of offices, etc.
63. Attorney-General.
64. Director of Public Prosecutions.
65. Prerogative of mercy.
66. Advisory Committee on Prerogative of Mercy.
67. Procedure in Capital Cases.
CHAPTER V
FINANCE
68. Consolidated Fund.
69. Withdrawals from Consolidated Fund or other public funds.
70. Authorisation of expenditure from Consolidated Fund by appropriation.
71. Authorisation of expenditure in advance of appropriation.
72. Contingencies Fund.
73. Remuneration of certain officers.
74. Public debt.
Section
75. Director of Audit.
76. Public Accounts Committee.
CHAPTER VI
THE PUBLIC SERVICE
PART 1
The Public Service Commission
77. Public Service Commission.
78. Appointment, etc. of public officers.
79. Compulsory retirement to facilitate appointment of local candidates.
PART 2
Appointments, etc., to particular offices
80. Appointment, etc. of permanent secretaries and certain other officers.
81. Attorney-General when a public officer.
82. Director of Public Prosecutions.
83. Director of Audit.
84. Appointment, etc. of certain legal officers.
PART 3
The Police
85. Police Service Commission.
86. Appointment, etc., of police officers
PART 4
The Public Service Board of Appeal
87. Public Service Board of Appeal.
88. Appeals in discipline cases.
PART 5
Pensions
89. Pensions laws and protection of pensions rights.
90. Power to withhold pensions, etc.
CHAPTER VII
CITIZENSHIP
91. Commencement.
92. Persons who become citizens on the appointed date.
93. Persons entitled to be registered as citizens.
94. Persons born in Saint Vincent on or after appointed date.
95. Persons born outside Saint Vincent on or after appointed date.
96. Marriage to citizen of Saint Vincent.
97. Powers of Parliament.
98. Interpretation.
CHAPTER VIII
JUDICIAL PROVISIONS
99. Original jurisdiction of High Court in constitutional questions.
100. Reference of constitutional questions to High Court.
101. Appeals to Court of Appeal.
102. Appeals to Her Majesty in Council.
103. Interpretation.
CHAPTER IX
TRANSITIONAL PROVISIONS
Section
104. Existing laws.
105. Parliament.
106. Constituencies.
107. First Cabinet.
108. Office of Attorney-General.
109. Existing public officers.
110. Termination of provisions of certain Orders in Council.
CHAPTER X
INTERPRETATION
111. Certain questions not to be enquired into in any court.
112. Resignations.
113. Re-appointments and concurrent appointments.
114. Application of Commissions of Enquiry Ordinance to certain tribunals.
115. Interpretation.
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS
Fundamental rights and freedoms.
1. Whereas every person in Saint Vincent is entitled to the fundamental rights and freedoms, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely—
(a) life, liberty, security of the person and the protection of the law;
(b) freedom of conscience, of expression and of assembly and association; and
(c) protection for the privacy of his home and other property and from deprivation of property without compensation,
the provisions of this Chapter shall have effect for the purpose of affording protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any person does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life.
2.—(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence under the law of Saint Vincent of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable—
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty.
3.—(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say:—
(a) in execution of the sentence or order of a court, whether established for Saint Vincent or some other country, in respect of a criminal offence of which he has been convicted;
(b) in execution of the order of the High Court or the Court of Appeal punishing him for contempt of that court or of another court or tribunal;
(c) in execution of the order of a court made to secure the fulfilment of any obligation imposed on him by law;
(d) for the purpose of bringing him before a court in execution of the order of a court;
(e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence under the law of Saint Vincent;
(f) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;
(g) for the purpose of preventing the spread...
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